MINUTES OF MEETING
SEPTEMBER 10, 2012
Chairman Candyce Fluehr Chimera called the work session to order at 7:00 p.m. In attendance were Supervisors Robert Birch, Michael Fox, Jeffrey McDonnell and Joseph Walsh. Also in attendance were Lawrence Gregan, Robert Iannozzi, Esquire, Richard Lesniak, William Weigman, Alex Olimpo, Shannon Drosnock and Deb Rivas.
Director of Fire Services Richard Lesniak (DFS) and Fire Department of Montgomery Township (FDMT) Chief William Weigman reviewed the fleet evaluation, a report prepared by VFIS Education, Training and Consulting. Topics covered in the report included the mission statements for FDMT and DFS, a review of the current equipment and the different classification of equipment and study recommendations. The assessment report made several recommendations including: preparation of a Statement of Services/Strategic Plan for both DFS and FDMT; development of a capital plan for apparatus acquisition/replacement, including identification of sources of funding; development of a process to evaluate apparatus mechanical performance on a regular basis; and development of standard operating guidelines for operation of the equipment. Mr. Lesniak and Mr. Weigman reported that the 1989 Hahn Pumper will be in need of replacement in the near future. Mr. Lesniak and Mr. Weigman asked the Board to consider these recommendations as they prepare the Budget for 2013 and the potential for replacement of certain fire apparatus.
Chairman Candyce Fluehr Chimera called the executive session to order at 7:45 p.m. In attendance were Supervisors Robert Birch, Michael Fox, Jeffrey McDonnell and Joseph Walsh. Also in attendance were Lawrence Gregan and Robert Iannozzi, Esquire. Two personnel matters were discussed.
Chairman Candyce Fluehr Chimera called the regular action meeting to order at 8:20 p.m. In attendance were Supervisors Robert Birch, Michael Fox, Jeffrey McDonnell and Joseph Walsh. Also in attendance were Robert Iannozzi, Esquire, Karen Hyland, P.E., Lawrence Gregan, Acting Chief J. Scott Bendig, Kevin Costello, Bruce Shoupe, Shannon Drosnock, Ann Shade, Stacy Crandell, Richard Grier and Deborah Rivas.
Following the Pledge of Allegiance, Chairman Candyce Chimera called for public comment from the audience and there was none.
Robert Iannozzi, Esquire reported that the Board met in an executive session earlier in the evening at 7:45 p.m. Mr. Iannozzi reported that there were two personnel matters discussed. Mr. Iannozzi also reported that these matters are legitimate subjects of executive session pursuant to Pennsylvania's Sunshine Law.
Chairman Candyce Chimera made a motion to approve the minutes of the August 27, 2012 Board meeting, and Supervisor Michael Fox seconded the motion. The minutes of the meeting were unanimously approved as submitted.
Acting Chief J. Scott Bendig reported that Township Police Officer Taylor Jones, who was appointed to the Police Department as a Cadet on January 27, 2009, was eligible for elevation to the rank of Patrol Officer I. Resolution #1, made by Supervisor Michael Fox, seconded by Supervisor Robert Birch and adopted unanimously, approved the elevation of Officer Taylor Jones to the rank of Patrol Officer I, effective July 14, 2012.
Director of Fire Services Rick Lesniak reported that National Fire Prevention week will be held October 7th through October 13th. Fire safety educational displays, fire apparatus displays and distribution of public education materials will be some of the activities presented by the FDMT during the week. The Department of Fire Services will conduct fire drills, fire safety inspections and fire prevention talks at all schools, day care centers, health care facilities and hotels throughout the Township during the month of October. Resolution #2, made by Supervisor Michael Fox, seconded by Supervisor Robert Birch and adopted unanimously, recognized October 7th through October 13th, 2012 as Fire Prevention Week.
Chairman Candyce Chimera opened a public hearing on Ordinance #12-262Z proposing an Amendment to the Township Zoning Code, Section 230-9 entitled "Uses by Township". Notes of testimony were taken by Court Reporter, Tim Kurek. Township Solicitor Robert Iannozzi introduced the proposed amendment and read the legal advertisement into the record. Planning Director Bruce Shoupe testified that this amendment clarifies that the provisions of the Zoning Ordinance do not apply to land and buildings owned and used by the Township. The proposed amendment was reviewed by the Montgomery Township Planning Commission and the Montgomery County Planning Commission. Resolution #3, made by Vice Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, approved Ordinance #12-262Z, amending Section 230-9 of the Township Code - Uses By Township.
Chairman Candyce Chimera opened a public hearing on Ordinance #12-263Z proposing an Amendment to Article IX-A of the Township Zoning Code entitled "R3B Age Qualified Residential Zoning District". Notes of testimony were taken by Court Reporter, Tim Kurek. Township Solicitor Robert Iannozzi introduced the proposed amendment and read the legal advertisement into the record. Richard McBride, Esquire, representing the developer, David Cutler Group, presented revised site plans proposed for the Montgomery Walk/Enclave at Montgomery development. Mr. McBride reported that the Cutler Group was requesting the revision which would permit single family age restricted housing units; increase the number of units by 52; increase the percentage of units that are age restricted from 50% to 64%; increase the number of age restricted housing units that financially support the clubhouse and facilities; reduce the commercial area from 5 acres to 1 acre; and reduce the area of public roadways to be dedicated to the Township. The hearing was closed at 8:40 p.m. Resolution #4, made by Vice Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, approved Ordinance #12-263Z, amending the R3B - Age Qualified Residential Zoning District.
Chairman Candyce Chimera opened a public hearing on an application for Liquor License Transfer for the Bonefish Grill Restaurant which will be opening at the Airport Square Shopping Center. Notes of testimony were taken by Court Reporter, Tim Kurek. Township Solicitor Robert Iannozzi introduced the proposed application and read the legal advertisement into the record. Attorney Mark Kozar, representing Bonefish Grill Restaurant, presented the application requesting an intermunicipal transfer of a liquor license. Under public comment, Pete Reinert of WNPV Radio asked where the liquor license was being transferred from and Mr. Kozar responded that the license would be coming from the Solaris Grille Center Square, Worcester, Pennsylvania. Tony DiDomizio of the Montgomeryville-Lansdale Patch inquired if the Friendly's Restaurant was aware that it was being replaced with a Bonefish Grill? Mr. Kozar replied that the issue was between Friendly's Restaurant and its landlord. Resolution #5, made by Supervisor Michael Fox, seconded by Supervisor Robert Birch and adopted unanimously, approved the intermunicipal liquor license transfer application for Bonefish Grill Restaurant.
Director of Planning Bruce Shoupe reported that Wegman's Supermarket has applied for a liquor license transfer for their new store to be located at Montgomery Mall. A public hearing is required and is to be held within 45 days or by October 14, 2012, unless the applicant agrees to an extension of the time limit. Mr. Shoupe recommended that the hearing be held at the Board meeting on October 9, 2012. Resolution #6, made by Supervisor Michael Fox, seconded by Supervisor Robert Birch and adopted unanimously, set Tuesday, October 9, 2012 as the date for a Public Hearing for an Intermunicipal Liquor License Transfer for Wegman's Supermarket.
Public Information Coordinator Stacy Crandell reported that the Township had budgeted for two new electronic marquee signs, one to replace the sign on Stump Road and the other for the Horsham Road side of the building. Ms. Crandell reported that since development of the Community/Recreation Center is under consideration, staff recommends holding off one of the signs which was going to be placed on Horsham Road pending a final decision on this new facility. Ms. Crandell reported that quotes were received from four companies and references were contacted. Staff recommends purchasing a 16mm electronic sign from Sign Source at the quoted price of $11,659.50. Resolution #7, made by Supervisor Michael Fox, seconded by Vice Chairman Joseph Walsh and adopted unanimously, authorized the purchase of 16mm Electronic Marquee Sign from Sign Source in the amount of $11,659.50.
Karen Hyland, P.E., representing Township Engineer Gilmore and Associates, presented the prepared Notice of Intent (NOI) application and MS4 TMDL Strategy for Montgomery Township. Ms. Hyland reported that the current General Permit (PAG 13) cycle is due to expire on March 15, 2013 and the deadline to submit the application to the DEP is September 14, 2012. Ms. Hyland summarized the major aspects of the new NPDES MS4 General Permit with which the Township will be required to comply. Resolution #8, made by Supervisor Michael Fox, seconded by Vice Chairman Joseph Walsh, and adopted unanimously, authorized Township Engineer Gilmore & Associates to proceed with the submission of the NPDES MS4 Notice of Intent by the September 14, 2012 deadline.
Township Manager Lawrence Gregan reported that should the Board of Supervisors elect to proceed with the construction of the Community/Recreation Center, it is proposed that an evaluation of bond financing options be prepared to provide the Township with the best possible financing solution. Mr. Gregan reported that RBC Capital Markets, LLC, has submitted a proposal to serve as the Township's Underwriter in connection with any proposed bond financing. Resolution #9, made by Vice Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, accepted the Investment Banking Scope of Services proposal from RBC Capital Markets, LLC, dated September 7, 2012, to provide underwriting services in connection with any proposed bond financing.
Director of Planning and Zoning Bruce Shoupe reported that the Township has received a request for escrow release from Taco Bell - LD/S #601 in the amount of $45,611.08. This release has been reviewed and recommend by the Township Engineer. Resolution #10, made by Vice Chairman Joseph Walsh, seconded by Supervisor Jeffrey McDonnell, and adopted unanimously, authorized the release of $45,611.08 from the Taco Bell escrow account.
Director of Planning and Zoning Bruce Shoupe reported that the Township has received a request for escrow release from Bertucci's - LD/S #652 in the amount of $57,992.52. This release has been reviewed and recommend by the Township Engineer. Resolution #11, made by Vice Chairman Joseph Walsh, seconded by Supervisor Jeffrey McDonnell, and adopted unanimously, authorized the release of $57,992.52 from the Bertucci's escrow account.
Director of Planning and Zoning Bruce Shoupe reported that the Township has received a request for escrow release from Romano's Macaroni Grill - LD/S #604 in the amount of $9,986.29. This release has been reviewed and recommend by the Township Engineer. Resolution #12, made by Supervisor Michael Fox, seconded by Supervisor Robert Birch, and adopted unanimously, authorized the release of $9,986.29 from the Romano's Macaroni Grill escrow account.
Planning Director Bruce Shoupe reported that the Township has received a request for a waiver of permit fee for special event from Bharatiya Temple for the Ganesh Festival. Mr. Shoupe stated that it has been the policy of the Board of Supervisors to waive special event permit fees for non-profit and religious organizations. Resolution #13, made by Vice Chairman Joseph Walsh, seconded by Supervisor Jeffrey McDonnell, and adopted unanimously, approved the request of the Bharatiya Temple to waive all fees associated with the Ganesh Festival special event permit.
Chairman Candyce Fluehr Chimera made a motion to approve the payment of bills. Vice Chairman Joseph Walsh seconded the motion. The payment of bills was unanimously approved as submitted.
Under other business, Chairman Candyce Fluehr Chimera thanked the Township staff, specifically, Public Information Coordinator Stacy Crandell, for the outstanding effort in planning and executing the Party on the Parkway "It's Finally Done 5K Fun Run" which was held on Sunday, September 9, 2012. Chairman Chimera personally thanked a list of Township staff and said that the event far exceeded her expectations. Board Vice Chairman Joseph Walsh thanked Chairman Chimera for suggesting the event and for assisting in the preparations and planning for the event.
There being no further business to come before the Board, the meeting adjourned at 9:25 p.m.